In re Westbrook
District Court, N.D. Alabama
In the matter of bankruptcy proceedings of one Westbrook. On objections by á creditor to the bankrupt’s discharge.
1Opinion of the Court
GRUBB, District Judge.
[1] This matter comes on to be heard upon the objection of a creditor to the application of the bankrupt for his discharge. The bankrupt denies the right of the objecting creditor *415to appear and object as a party in interest, because his claim has become barred by the statute of limitations, after the filing of the specifications of objections, but before the hearing of the application. The statute of limitations does not destroy the cause of action, but merely affects the remedy. If not specially pleaded by the debtor, when the claim is sued on, judgment would go against…
2Cases cited5 opinions
- Pollet v. CoselCourt of Appeals for the First Circuit · 1910
- In re PullianDistrict Court, E.D. Tennessee · 1909
- In re LevensteinDistrict Court, D. Connecticut · 1910
- In re SchnabelDistrict Court, E.D. New York · 1909
- In re KufflerDistrict Court, E.D. New York · 1907
3Cited by6 opinions
- Bacon v. Buffalo Cold Storage Co.Court of Appeals for the Fifth Circuit · 1912
- Hisey v. Lewis-Gale Hospital, Inc.District Court, W.D. Virginia · 1939
- In Re ZeilerDistrict Court, S.D. New York · 1937
- In re CooperDistrict Court, D. New Jersey · 1916
- Siebert v. DahlbergCourt of Appeals for the Eighth Circuit · 1914
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